The Ombudsman's final decision
Summary: We will not investigate this complaint about a care provider publishing a photograph without consent because it is not an action on behalf of the Council in connection with its provision of adult social care to the individual. Therefore it is not within our jurisdiction to investigate.
The complaint
Mrs B says a care provider acting on behalf of the Council used a photograph of her deceased father (Mr C) in its literature without consent. This made Mrs B and her brother stressed and upset.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended) We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Care Provider’s literature is not an action in connection with the provision of adult social care on behalf of the Council. The Care Provider’s literature is not an administrative function of the Council. Therefore, it is not an action the Ombudsman can investigate, as it is not something which the Council is responsible for.
Final decision
We will not investigate Mrs B’s complaint because it is not within our jurisdiction to investigate.
Investigator's decision on behalf of the Ombudsman